PP 2014/0104 STANDING ORDERS COMMITTEE OF TYNWALD FIRST REPORT 2013-2014 PETITIONS FOR REDRESS FIRST REPORT OF THE STANDING ORDERS COMMITTEE OF TYNWALD 2013-14: PETITIONS FOR REDRESS There shall be a Standing Orders Committee of the Court to carry out the duties imposed upon it by Standing Orders 6.8 and 9.1, and to make recommendations to the Court for the revision of Standing Orders. 6.8 (1) The person presiding under Standing Order 3.29 shall, on receipt of a Petition for Redress refer the petition to the Standing Orders Committee. (2) It shall be the duty of the Standing Orders Committee to examine every Petition for Redress to ascertain whether it is in order, and report to Tynwald. 9.1 (4) Any Member dissatisfied by a determination of the President may refer the principle of the issue involved to the Standing Orders Committee which shall report thereon to Tynwald. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership The Hon. S C Rodan SHK (Chairman) Mr R P Braidwood MLC Mr P Karran MHK Hon. R H Quayle MHK Mr J R Turner MLC Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas IM1 3PW (Tel 01624 685520) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas IM1 3PW. Table of Contents I. PETITIONS FOR REDRESS PRESENTED IN 2014 ................................................ 1 II. PETITIONS FOR REDRESS PRESENTED IN THE PREVIOUS FOUR YEARS ............. 2 APPENDIX 1: PETITIONS FOR REDRESS PRESENTED IN 2014: FULL TEXT………………………………………………………………………………………………………………………3 APPENDIX 2: PETITIONS FOR REDRESS PRESENTED IN THE PREVIOUS FOUR YEARS: ANNOTATED LIST…………………………………………………………………………………………..…….23 To: The Hon Clare M Christian MLC, President of Tynwald, and the Hon Council and Keys in Tynwald assembled FIRST REPORT OF THE STANDING ORDERS COMMITTEE OF TYNWALD 2013-2014 PETITIONS FOR REDRESS I. PETITIONS FOR REDRESS PRESENTED IN 2014 1. The eight Petitions for Redress reproduced at Appendix 1 were presented at Tynwald assembled at St John’s on 7th July 2014. We have considered these in the light of the relevant Standing Orders. 2. We note that of the eight petitions, all are in order. We continue to encourage petitioners to seek the advice of the Clerk of Tynwald in a timely fashion in order to ensure that their petitions comply with Standing Orders. We also draw attention to the revised Guidance for Potential Petitioners at Tynwald Hill (PP 0075/12) issued by the Office of the Clerk of Tynwald in May 2012. 3. Our conclusions in respect of this year’s Petitions are set out in the following table: Petition of Committee’s finding Samantha A Blackford In order Millie Blenkinsop-French In order Joseph Rae Hamilton In order 1 Petition of Committee’s finding Roseleen Harrison In order G. Stephen Holmes In order Philip Donald and Kirrie Anne Jenkins In order Christopher McEvoy In order James David Moore In order II. PETITIONS FOR REDRESS PRESENTED IN THE PREVIOUS FOUR YEARS 4. At Appendix 2 is an annotated list of the Petitions for Redress presented in the previous four years going back to 2010. Under Standing Order 6.12 those which are in order and which have not been the subject of a resolution may still be picked up by a Member. S C Rodan R P Braidwood P Karran R H Quayle J R Turner 8th July 2014 2 Appendix 1 Petitions for Redress presented in 2014: full text 3 4 IN TYNWALD 5th July 2014 To the Honourable Members of Tynwald Court The humble petition of Samantha A Blackford 16 Hope Street Castletown IM9 1AP Sheweth that The combined effects of the exceptionally high tide and the storm surge of 3rd January 2014 caused a significant amount of damage to private houses in Hope Street, Victoria Road, Athol Terrace and Milner Terrace, Castletown. The consequences of this event should not have been as severe and might even have been preventable. The cost to Isle of Man Government of responding to this and subsequent events later in January and March could have been significantly lower. There is no protection afforded for property along these roads from tidal waters rising through the public surface water drainage system which is connected to the mill race between Back Hope Street and Hope Street and to Victoria Road. Rising tidal water can also enter these roads from the boatyard/car park entrance adjacent to Qualtroughs Yard and through the stone boundary wall alongside the mill race and the Silverburn. Wherefore your petitioner seeks that Tynwald appoint a Select Committee to investigate and report on the technical feasibility of introducing sustainable and low cost flood protection infrastructure to protect householders in Castletown from loss or damage of property and possessions and which can be deployed quickly and with minimum labour or supervision. Signed j/47)41 C (10 ?C) ( 5 6 In Tynwald 7th July 2014 To the Honourable members of Tynwald Court The humble petition of Millie Blenkinsop-French of The Lansdowne Guesthouse,102 Bucks road, Douglas, Isle of Man IM1 3AQ Sheweth that I call upon Tynwald to introduce Legislation with the intension to legalize "Assisted Suicide" For people who have a Terminal Illness, and no Quality of life. There comes a time in life when "Enough is Enough" This is the 21st Century- Human Beings should not have to die in Agony, Frustration, or Mental Despair. Let us be the "First" and pave the way to rectify this deplorable situation. I am not afraid to die — I am afraid of "How I die" Wherefore your petitionee prays that: Tynwald set up a Select Committee of three Members who are authorised to take written and oral evidence pursuant to sections 3 & 4 of the Tynwald proceedings set 1876, as amended to consider and report to Tynwald on the law relating to "Assisted Dying". Signed ki 7 8 IN TYNWALD To the Honourable Members of Tynwald Court The Humble Petition of Joseph Rae Hamilton 28 Sunnybank Avenue Onchan Isle of Man IM3 3BP Sheweth That Following matters of wrongdoing within Onchan District Commissioners during a tendering process for the lease of the squash courts in Onchan Park in February 2010, which resulted in their closure, a Petition for Redress was presented to Tynwald. A Select Committee, which was appointed to investigate Members Interests, issued a report in 2012 with recommendations that the Department of Infrastructure should introduce new legislation, which agreed with what was sought by the Petition. During evidence given to the Select Committee by the DOI it was identified and commented upon that in relation to wrongdoings of local authorities there is absolutely no system in place in breach of the Government Code of Practice and no process of recourse and no penalty for failure to comply except for a criminal offence. This was confirmed as correct by the Head of Corporate Services, Ms Craig, who notwithstanding this gave an undertaking on behalf of the DOI that "Certainly from our perspective, we would investigate any concern as a complaint against a local authority". Following the affirmative recommendations of the Select Committee as a result of my Petition and having previously followed proper procedure and received confirmation in writing that any complaints about Local Authorities should be submitted to the DOI and also Ms Craig's undertaking in evidence I arranged a meeting with the Minister Mr David Cretney MHK to discuss making a complaint about the wrongdoings and maladministration, which occurred within Onchan District Commissioners during the tendering process for the lease, which resulted in the squash courts being closed. During the meeting he was naturally aware that officers of his Department had given evidence to the Select Committee and we discussed the recommendations, which he confirmed he agreed with. We also recapped on the issues, which had led to the Petition, during which he had in fact requested the Commissioners to reconsider not closing the squash courts. I then asked if I submitted a particularised complaint in relation to the wrongdoings and maladministration, which had occurred would he investigate my complaint and he confirmed that he would. In conjunction with my Advocate I then prepared a fully particularised complaint with supporting documentation and evidence for investigation under the provisions of the Local Government Act. This was dated 15th April 2013 and I handed it to the Minister personally in a second meeting shortly thereafter along with a further letter of complaint from Messrs Smith, Shaw and Parrington dated 12th April 2013 during which we had a lengthy discussion and he gave me his personal assurance that my complaint "would be investigated and would not lye on a shelf collecting dust". However in letters dated 28th May 2013 the Minister advised my Advocate and Messrs Smith Shaw and Parrington, "I am not in a position to assist any further in 9 relation to this matter". This is despite having confirmed previously in writing that any complaint should be submitted to the Department, the personal assurance he had given to me and also the undertaking given by Ms Craig to the Select Committee that any concern would be investigated as a complaint, which did not happen. We were all totally bewildered by this response. Thereafter there was a considerable exchange of correspondence between the parties with the complainants being joined by Mr David Quirk MHK, in pressing the Minister to fulfil the undertakings and assurances that had been given to investigate.